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M.N. Clubwala v. Fida Hussain Saheb, 1964

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M.N. Clubwala v. Fida Hussain Saheb, (1964) 6 SCR 642, 651 This case interpretation/case summary is written by Ms. Swati Sharma a student at the Faculty of Law (Delhi University). If you also want to publish your articles or case interpretations/summaries, send your work to  niyamskanoon09@gmail.com . Case Details PETITIONER:  MRS. M. N. CLUBWALA AND ANR. Vs. RESPONDENT: FIDA HUSSAIN SAHEB AND ORS. DATE OF JUDGMENT: 03/02/1964 BENCH: MUDHOLKAR, J.R. SUBBARAO, K. CITATION: 1965 AIR 610 1964 SCR (6) 642 Introduction   The case of M.N. Clubwala v. Fida Hussain Saheb (1964) under the Delhi Rent Control Act is a landmark judgment that clarifies the distinction between a lease and a license and the jurisdiction of the Rent Controller. The primary issue in this case was whether the agreements between the landlord (M.N. Clubwala) and the shopkeepers (Fida Hussain Saheb) created a lease or a license.  Facts of the Case M.N. Clubwala (Landlord) used his building as market by
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Gulshan Prakash v. State of Haryana (2010) 1 SCC477

Gulshan Prakash v. State of Haryana (2010) 1 SCC 477||Case Summary 



Introduction 

  1. In this appeal, the Court has interpreted Article 15(4) of the Fundamental Right. It has been added by the 1st Amendment Act, of 1951.

Facts

  1. The State of Haryana instructed Maharshi Dayanand University (MDU), Rohtak to conduct entrance examination for MD/MS/PG courses for the Session 2008-2009.
  2. The appellant made a representation to the Health Secretary for providing reservation for SC and ST in the Post Graduate courses, Since there was no response from the Health Secretary the Appellant filed a petition in the High Court. 
  3. The High Court dismissed the petition of the appellant therefore the appellant approached the Supreme Court by Special Leave Petition under Article 136.

Appellant Contentions 

  1. MDU, Rohtak has provided 20% reservation for the graduate level courses or undergraduate courses therefore the said University should also provide reservation in for the PG courses. 
  2. The Government of India itself by the All-India Entrance Examination for Post-Graduate courses provided reservation to the SC/ST candidates, therefore the State of Haryana is also bound to provide reservation to the SC and ST candidates. 
  3. The Appellant Counsel while referring to Dr. Preeti Srivastava v. State of M.P, 1999 case said that the Court permitted to provide relief in the qualifying marks for the Post-graduate courses. 

Respondent Contention 

  1. We have already provided reservations for the UG courses.
  2. Article 15(4) is an enabling provision, not a mandatory provision therefore after looking at several aspects we decided to not provide reservations in the Post-graduate courses.

Issue

  1. Whether the Court can issue a writ to direct the State Government for implemention of reservation in the educational institute under Article 15(4) of the Constitution.

Ratio Decidendi 

  1. Article 15 [Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth] clause (4) says: empowers the State any special provisions for the upliftment of any socially and educationally backward class of citizens or the SC and ST.
  2. Articles 15(4) and 16(4) both are enabling provisions not mandatory provisions.
  3. In the Case of Preeti Srivastava, 1999 the Court did not examine whether the reservation is permissible of Post-graduate level in medicine. It only discussed the question of fixing lower minimum qualify marks for reserved category at the Post-graduate medical education.
  4. It is true that GOI itself provided reservation to the SC and ST candidates by the All-India Entrance Examination but at the State Level, the power is given to the State.
  5. At the State Level reservations in educational institutions can be provided by the permission of State Government.

Decision 

  1. The Court cannot direct to the State Government for implementation of reservation in educational institutions as Article 15(4) is an enabling provision.
  2. Hence, the Court dismissed the writ petition. 

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Ashbury Railway Carriage and Iron Co. Ltd. v. Riche (1875)

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Workmen of Dimakuchi Tea Estate v. Dimakuchi Tea Estate, AIR 1958 SC 353

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